Skip to Content
Legal Alerts Print PDF

The Public Domain (Sort Of) Welcomes New Faces!

January 13, 2025

On January 17, 1929, Popeye the Sailor rolled up his sleeves for the first time and debuted in E.C. Segar’s “Thimble Theatre.”[1] Later that year, Ernest Hemingway completed and published A Farewell to Arms, a romantic novel accurately depicting the physical and emotional toll of World War I.[2] On January 1, 2025, the original black-and-white version of Popeye and the novel A Farewell to Arms entered the public domain, meaning the public can now use, copy, or modify these works, subject to certain limitations.

For works created after 1978, copyright protection generally lasts for the life of the author plus seventy years.[3] From the moment an author creates and fixes a work in a tangible form of expression, the work is protected by copyright law.[4] Before January 1, 1978, obtaining federal copyright protection was not as easy and depended on several factors. Generally, under the Copyright Act of 1909, a federal copyright was secured either on the date a work was published, or for unpublished works, on the date of registration.[5] These copyrights were given protection for a first term of twenty-eight years with the option to renew the copyright for a second term of twenty-eight years.[6]

The Copyright Act of 1976 increased the renewal term from twenty-eight years to forty-seven years.[7] Two decades later, the Sonny Bono Copyright Term Extension Act of 1998 increased the renewal term another twenty years to sixty-seven years.[8] Thus, works already protected by January 1, 1978, were ultimately afforded a maximum of ninety-five years of copyright protection (a first term of twenty-eight years plus a renewal term of sixty-seven years).[9]

With ninety-five years having passed, works from 1929 have now entered the public domain. Artists have the freedom to reinterpret, reimagine, or build upon these works. However, it is important to keep in mind that more modern versions of these works are not in the public domain. Most people picture Popeye as he was depicted in the Paramount Pictures 1930s cartoon series, where he famously launches spinach into the air before gaining superhuman strength to confront his foes.[10] He was so popular, in fact, that spinach consumption in the 1930s increased by thirty-three percent after Popeye aired.[11] Similarly, fans of A Farewell to Arms typically envision the 1932 Oliver H.P. Garret and Benjamin Glazer screenplay, one of the most popular films of that year.[12] These versions, however, are not yet in the public domain.

That is, artists must keep in mind that only the copyrighted works from 1929 have entered the public domain. Use of more modern versions of these works, without permission, could result in copyright infringement.

Once Mickey Mouse and Winnie-the-Pooh entered the public domain, artists quickly announced plans to use these characters in horror films, such as Mickey’s Mouse Trap[13] and Winnie the Pooh: Blood and Honey.[14] Similarly, Popeye the Sailor is set to star in his own horror adaptations. As early as November 2024, authors announced plans for films titled Popeye the Slayer Man and the UK film, Shiver Me Timbers.[15]

Other notable works that entered the public domain on January 1, 2025, include (i) several Disney short films, such as Karnival Kid, the first Mickey Mouse cartoon featuring his iconic white gloves, and the popular Skeleton Dance; (ii)"Singin' in the Rain," with music by Nacio Herb Brown and lyrics by Arthur Freed; and (iii) "Tiptoe Through the Tulips," with music by Joseph Burke and lyrics by Alfred Dubin.[16]

Cullen and Dykman’s Intellectual Property team continues to monitor important developments in trademark and copyright law. Should you have any questions about this legal alert, please feel free to contact Karen Levin (klevin@cullenllp.com) at (516) 296-9110 or Ariel Ronneburger (aronneburger@cullenllp.com) at (516) 296-9182. Thank you to Jordan Milite, an associate on the Intellectual Property team, who assisted in the preparation of this alert.

This advisory provides a brief overview of the most significant changes in the law and does not constitute legal advice. Nothing herein creates an attorney-client relationship between the sender and recipient.

Footnotes

[1]Exploring the History of Popeye, https://popeye.com/history/.

[2] Haley Bracken, A Farewell to Arms, Britannica (Dec. 30, 2024), https://www.britannica.com/topic/A-Farewell-to-Arms-novel.

[3] Extension of Copyright Terms, Copyright.gov, https://www.copyright.gov/circs/circ15t.pdf?bcs-agent-scanner=133f2c7f-4751-8447-9928-6bedbebf7176.

[4] See id.

[5] Id.

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] See Exploring the History of Popeye.

[11] Lina Geist, Spinach’s Popularity Grew During Great Depression (May 11, 2020), https://extension.missouri.edu/news/spinachs-popularity-grew-during-great-depression#:~:text=Spinach%20sales%20skyrocketed%20after%20Popeye,favorite%20food%20in%20a%20survey.%E2%80%9D.

[12] A Farewell to Arms (1932), The Public Domain Review (Apr. 30, 2012), https://publicdomainreview.org/collection/a-farewell-to-arms-1932/.

[13] Gene Maddaus, ‘Steamboat Willie’ Horror Film Announced as Mickey Mouse Enters Public Domain, Variety (Jan. 2, 2024), https://variety.com/2024/film/news/steamboat-willie-horror-film-mickey-mouse-public-domain-copyright-1235849861/.

[14] Jake Coyle, In Which Winnie the Pooh Stars in an R-rated Slasher Movie, Associated Press (Feb. 14, 2023), https://apnews.com/article/winnie-the-pooh-copyright-blood-and-honey-batman-mickey-717bf5a77eed30fe02283f1439ca6cd7.

[15] Andreas Wiseman, ‘Popeye The Slayer Man’ Horror Movie With Angels Relucio & Sarah Nicklin Is in The Can & Eyeing A 2025 Release (Nov. 21, 2024), https://deadline.com/2024/11/popeye-the-slayer-man-horror-movie-angela-relucio-sarah-nicklin-eyes-2025-release-1236183695/.

[16] Leo Rocha, These Works Newly Enter the Public Domain Now that 2025 has Officially Begun (Jan 1. 2025), https://www.cbsnews.com/news/new-public-domain-works-2025/.

Share on Social Media

Related Attorneys

Related Practice Areas